News & Analysis as of

White Collar Crimes Corporate Crimes New Guidance

Skadden, Arps, Slate, Meagher & Flom LLP

UK Government Publishes Guidance on the New ‘Failure to Prevent Fraud’ Offence

On 6 November 2024, the UK government published its guidance on the new ‘failure to prevent fraud’ offence, which was introduced in the Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023).1 We covered the details...more

Bradley Arant Boult Cummings LLP

Sentencing Commission Rejects Actual Versus Intended Loss Distinction

The U.S. Sentencing Guidelines play an enormous role in federal sentencing. While courts are not required to follow the guidelines, the guidelines remain the starting point for determining a defendant’s ultimate sentence. For...more

WilmerHale

DOJ Announces Significant Guidance on Compliance, Compensation, Communications and Cooperation

WilmerHale on

On March 3, 2023, as part of the rollout of several updates to its guidance on corporate compliance programs, the Department of Justice (DOJ) released a new policy aimed at incentivizing compliance-driven compensation and...more

Latham & Watkins LLP

France’s New Guidelines on Deferred Prosecution Agreement Offer Welcome Clarity

Latham & Watkins LLP on

The guidelines provide useful insights into the mechanism of settlement agreements in criminal cases, and supersede previous guidelines published on June 26, 2019. Article 22 of Law No. 2016-1691 of December 9, 2016...more

The Volkov Law Group

Criminal Division AAG Polite Reinforces New DOJ Corporate Enforcement Policy (Part IV of IV)

The Volkov Law Group on

The Justice Department is putting every business on notice — aggressive white collar criminal enforcement is here to stay. In a one-two punch, Deputy Attorney General Lisa Monaco announced a revised Corporate Enforcement...more

The Volkov Law Group

DOJ’s Revised Corporate Enforcement Policy Expands on Previous Factors: History of Misconduct; Voluntary Self-Disclosure; and...

The Volkov Law Group on

The Lisa Monaco Memo is a new and important restatement of the Justice Department’s approach to corporate crime.  It is a worthy read and it sets out a number of new requirements and procedures for DOJ prosecutors...more

Cranfill Sumner LLP

DOJ Announces Revisions to Corporate Criminal Enforcement Policies

Cranfill Sumner LLP on

Earlier this month, DOJ announced additional revisions to the Department’s existing policies and practices governing corporate criminal enforcement. Each of these revisions will soon find its way into DOJ’s Justice Manual....more

Troutman Pepper

New DOJ Guidance Tightens Corporate Enforcement Strategy

Troutman Pepper on

Join Troutman Pepper White Collar and Government Investigation Partners Callan Stein, Miranda Hooker, and Allison DeLaurentis for a podcast discussion on the DOJ’s updated guidelines regarding corporate criminal enforcement....more

Jackson Walker

DOJ Officials Announce New Priorities to Combat Corporate Crime with Additional Details Provided at Government Enforcement...

Jackson Walker on

On Thursday, September 15, 2022, Deputy Attorney General Lisa A. Monaco outlined new steps the Department of Justice will be taking in its ongoing efforts to police corporate crime. The next day, Assistant Attorney General...more

Akin Gump Strauss Hauer & Feld LLP

Deputy AG Announces Significant Changes to DOJ Policies Regarding Corporate Investigations

Key Points - On September 15, 2022, Deputy AG Lisa O. Monaco released a Memorandum and provided remarks announcing several DOJ policy changes to prioritize and strengthen the Department’s prosecution of corporate crime. ...more

Kramer Levin Naftalis & Frankel LLP

Deputy Attorney General Lisa Monaco Announces New Policies on Corporate Criminal Enforcement

On Sept. 15, 2022, Deputy Attorney General Lisa Monaco spoke at New York University Law School outlining the U.S. Department of Justice’s (DOJ) priorities and policies on corporate criminal enforcement....more

Thomas Fox - Compliance Evangelist

Monaco Memo – A Jolt for Compliance: Part 4 – New Factors in Selecting Monitors

Today, we continue our exploration of the Monaco Memo by considering the sections relating to the evaluation of cooperation during the pendency of the investigation and the evaluation of a company’s compliance program at the...more

Thomas Fox - Compliance Evangelist

Monaco Memo: A Jolt for Compliance: Part 3 – Cooperation and Compliance Program Evaluation

Today, we continue our exploration of the Monaco Memo by considering the sections relating to the evaluation of cooperation during the pendency of the investigation and the evaluation of a company’s compliance program at the...more

Thomas Fox - Compliance Evangelist

Monaco Memo and Polite Speech – A Jolt for Compliance: Part 2 – Swiftly and Without Delay

Today, we continue our exploration of the Monaco Memo by considering the section entitled “Timely Disclosures and Prioritization of Individual Investigations”. This portion of the Monaco Memo re-emphasized the reinstitution...more

Thomas Fox - Compliance Evangelist

Monaco Memo and Polite Speech – A Jolt for Compliance: Part 1 – Introduction

Last seek saw the announcement of two significant and related releases of information from the Department of Justice (DOJ) around Foreign Corrupt Practices Act (FCPA) enforcement and corporate compliance programs. They were...more

Holland & Knight LLP

DOJ Expands Framework for Cracking Down on Corporate Crime

Holland & Knight LLP on

In a speech to prosecutors, policymakers and academics on Sept. 15, 2022, U.S. Deputy Attorney General Lisa O. Monaco announced that the U.S. Department of Justice (DOJ) would no longer "accept business as usual" when it...more

Society of Corporate Compliance and Ethics...

UK Serious Fraud Office releases DPA guidance

CEP Magazine (January 2021) - The United Kingdom’s Serious Fraud Office published new guidance related to deferred prosecution agreements (DPAs). The guidance, nested in the office’s internal SFO Operational Handbook,...more

Jones Day

DOJ Announces Changes in White-Collar Criminal Enforcement in the Interest of Transparency

Jones Day on

The Situation: On October 8, 2019, the U.S. Department of Justice ("DOJ") announced two significant developments relating to the enforcement of white-collar crime: (i) new guidance on how prosecutors should evaluate requests...more

WilmerHale

DOJ Inability to Pay Guidance: Beyond Corporate Formalities

WilmerHale on

On October 8, 2019, the US Department of Justice (DOJ or Justice Department) issued new guidance on evaluating inability-to-pay arguments in a memorandum to the Criminal Division. The memorandum provides considerably more...more

Foley Hoag LLP - White Collar Law &...

DOJ Issues Guidance on Corporate Poverty Claims

On Tuesday, October 8, 2019, the Department of Justice provided guidance on how its prosecutors should evaluate claims of corporate poverty. This comes on the heels of Deputy Assistant Attorney General Matthew Miner’s...more

Foley Hoag LLP - White Collar Law &...

DOJ Considers Guidance on Corporate Claims of Inability to Pay

On September 12, 2019, Deputy Assistant Attorney General Matthew Miner signaled that the Department of Justice may provide further guidance to prosecutors—and companies—on how to evaluate claims of corporate poverty. In a...more

White & Case LLP

Co-operation or Capitulation? – What the SFO Corporate Co-operation Guidance really means

White & Case LLP on

Is there a point at which co-operation becomes capitulation? Is there a danger inherent in co-operating without the guarantee of a favourable outcome for doing so?...more

Morrison & Foerster LLP

The UK’s Serious Fraud Office Issues Guidance for Corporate Cooperation

On 6 August 2019, the UK’s Serious Fraud Office (SFO) released Guidance on what it expects from organisations seeking cooperation credit in the agency’s investigations. The long-awaited Guidance is a codified and clarified...more

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